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- 83rd Session (2025)
Senate Bill No. 276–Senators Hansen, Flores, Buck, Krasner, Stone;
Doñate, Ellison, Ohrenschall, Pazina, Scheible, Steinbeck
and Taylor
Joint Sponsors: Assemblymembers Watts, O’Neill; Anderson,
Karris and La Rue Hatch
CHAPTER..........
AN ACT relating to water; establishing provisions governing the
reporting and sharing of certain information relating to water
by certain governmental entities and Indian tribes; providing
a penalty; an d providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements to control water pollution in this
State, including providing for the issuance of a general permit or an individual
permit for discharges into the waters of the State. (NRS 445A.475 , 445 A.480)
Existing law requires: (1) the State Department of Conservation and Natural
Resources, with certain exceptions, to notify each interested person, appropriate
governmental agency and affected Indian tribe of each complete application for
such a permit and provide them with an opportunity to submit written views and
recommendations on the permit; and (2) the State Environmental Commission, with
certain exceptions, to provide by regulation an op portunity for each permit
applicant, interested agency, city, county, Indian tribe or irrigation district located
downstream from the point of discharge, or any person , to request a public hearing
with respect to a permit application. (NRS 445A.590, 445A.595)
Section 3 of this bill requires any city, county, unincorporated town, general
improvement district, wastewater district or water authority of this State: (1) in the
event of an incident resulting in the discharge of sewage or industrial waste or any
other unauthorized discharge into the waters of the State, under certain
circumstances, to notify the Division of Environmental Protection of the
Department; and (2) upon request, provide information to an Indian tribe that
requests information that is a public record relating to an incident or a policy of
water treatment. Section 3 additionally: (1) requires the Division , if notified of a
discharge, to then notify any Indian tribe that may be affected by the discharge; and
(2) prohibits a city, county, unincorporated town, general improvement district,
wastewater district or water authority from entering into a contract, agreement or
other legal mechanism that would prevent the sharing of such information with an
Indian tribe.
Section 5 of this bill applies certain definitions in existing law relating to water
pollution to the provisions of section 3 . Sections 8-15 of this bill apply certain
provisions relating to the enforcement and civil and criminal penalties to the
provisions of section 3.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445A of NRS is hereby amended by
adding thereto the provisions set forth as sect ions 2, 3 and 4 of this
act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. In the event of an incident resulting in the
discharge of sewage or industrial waste or any other unauthorized
discharge into the waters of the State:
(a) Any city, county, unincorporated town, general
improvement district, wastewater district or water authority of this
State that has powers, duties or jurisdiction within the area of the
incident that has been notified or is aware of the incident shall
notify the Division electronically on the Internet website of the
Division or by telephone. The Division shall provide instructions
for reporting a discharge on the Internet website of the Division.
(b) If the Division is notified of a discharge pursuant to
paragraph (a) and an Indian tribe in the area of the discharge
may be affected by the discharge, as determined by the Division,
the Division shall notify the Indian tribe in accordance with the
policy developed by the Department of Nat ive American Affairs
pursuant to NRS 233A.260.
2. If an Indian tribe requests information relating to any
incident or relating to any policy of water treatment from a state
agency, city, county, unincorporated town, general improvement
district, wastewater district or water authority of this State, the
applicable entity shall provide any requested information that is a
public record to the Indian tribe pursuant to the provisions of
chapter 239 of NRS.
3. No city, county, unincorporated town, general
improvement district, wastewater district or water authority of this
State may enter into a contract, agreement or any other legal
mechanism that would prevent the city, county, unincorporated
town, general improvement district, wastewater district or water
authority from sharing information in accordance with the
requirements of this section. Nothing in this subsection shall be
construed to interfere with attorney-client privilege.
Sec. 4. (Deleted by amendment.)
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Sec. 5. NRS 445A.310 is hereby amended to read as follows:
445A.310 As used in NRS 445A.300 to 445A.730, inclusive,
and section 3 of this act, unless the context otherwise requires, the
words and terms defined in NRS 445A.315 to 445A.420, inclusive,
have the meanings ascribed to them in those sections.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 8. NRS 445A.655 is hereby amended to read as follows:
445A.655 To enforce the provisions of NRS 445A.300 to
445A.730, inclusive, and section 3 of this act, or any regulation,
order or permit issued thereunder, the Director or authorized
representative of the Department may, upon presenting proper
credentials:
1. Enter any premises in which any act violating NRS
445A.300 to 445A.730, inclusive, and section 3 of this act,
originates or takes p lace or in which any required records are
required to be maintained;
2. At reasonable times, have access to and copy any records
required to be maintained;
3. Inspect any equipment or method for continuing
observation; and
4. Have access to and sampl e any discharges or injection of
fluids into waters of the State which result directly or indirectly
from activities of the owner or operator of the premises where the
discharge originates or takes place or the injection of fluids through
a well takes place.
Sec. 9. NRS 445A.675 is hereby amended to read as follows:
445A.675 1. Except as otherwise provided in NRS
445A.707, if the Director finds that any person is engaged or is
about to engage in any act or practice which violates any provision
of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act,
any standard or other regulation adopted by the Commission
pursuant to those sections, or any permit issued by the Department
pursuant to those sections, except for any violation of a provision
concerning a diffuse source, the Director may:
(a) Issue an order pursuant to NRS 445A.690;
(b) Commence a civil action pursuant to NRS 445A.695 or
445A.700; or
(c) Request that the Attorney General institute by indictment or
information a criminal prosecution pursuant to NRS 445A.705 and
445A.710.
2. The remedies and sanctions specified in subsection 1 are
cumulative, and the institution of any proceeding or action seeking
any one of the remedies or sanctions does not bar any simultaneous
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or subse quent action or proceeding seeking any other of the
remedies or sanctions.
Sec. 10. NRS 445A.680 is hereby amended to read as follows:
445A.680 Except as otherwise provided in NRS 445A.707, if
the Director finds that any person is engaged or about to e ngage in
any act or practice which violates any provision of NRS 445A.565,
445A.570 and 445A.572, or any standard or other regulation
adopted pursuant thereto, with respect to a diffuse source:
1. The Director may issue an order:
(a) Specifying the prov ision or provisions of NRS 445A.300 to
445A.730, inclusive, and section 3 of this act , or the regulation or
order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation
thereof; and
(c) Prescribing the necessary corrective action to be taken and a
reasonable period for completing that corrective action,
but no civil or criminal penalty may be imposed for failure to
obey the order.
2. If the corrective action is not taken or completed, or without
the Director first issuing an order:
(a) The Director may commence a civil action pursuant to NRS
445A.695; or
(b) The Department may compel compliance by injunction or
other appropriate remedy pursuant to subsection 4 of
NRS 445A.700.
Sec. 11. NRS 445A.690 is hereby amended to read as follows:
445A.690 1. Except as otherwise provided in NRS
445A.707, if the Director finds that any person is engaged or is
about to engage in any act or practice which constitutes or will
constitute a violation of any provision of NRS 445A.300 to
445A.730, inclusive, and section 3 of this act, or of any rule,
regulation or standard promulgated by the Commission, or of any
permit or order issued by the Department pursuant to
NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, the
Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to
445A.730, inclusive, and section 3 of this act, or the regulation or
order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation
thereof; and
(c) Prescribing the necessary corrective action to be taken and a
reasonable period for completing that corrective action.
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2. Any compliance order is final and is not subject to review
unless the person against whom the order is issued, within 30 days
after the date on which the order is served, requests by written
petition a hearing before the Commission.
Sec. 12. NRS 445A.695 is hereby amended to read as follows:
445A.695 1. Except as ot herwise provided in NRS
445A.707, the Director may seek injunctive relief in the appropriate
court to prevent the continuance or occurrence of any act or practice
which violates any provision of NRS 445A.300 to 445A.730,
inclusive, and section 3 of this act, or any permit, rule, regulation or
order issued pursuant thereto.
2. On a showing by the Director that a person is engaged, or is
about to engage, in any act or any practice which violates or will
violate any of the provisions of NRS 445A.300 to 445A. 730,
inclusive, and section 3 of this act, or any rule, regulation, standard,
permit or order issued pursuant to those provisions, the court may
issue, without bond, any prohibitory and mandatory injunctions that
the facts may warrant, including temporary restraining orders issued
ex parte or, after notice and hearing, preliminary injunctions or
permanent injunctions.
3. Failure to establish lack of an adequate remedy at law or
irreparable harm is not a ground for denying a request for a
temporary restraining order or injunction.
4. The court may require the posting of a sufficient
performance bond or other security to ensure compliance with the
court order within the period prescribed.
Sec. 13. NRS 445A.700 is hereby amended to read as follows:
445A.700 1. Except as otherwise provided in NRS 445C.010
to 445C.120, inclusive, a person who violates or aids or abets in the
violation of any provision of NRS 445A.300 to 445A.730, inclusive,
and section 3 of this act , or of any permit, regulation, sta ndard or
final order issued thereunder, except a provision concerning a
diffuse source, shall pay a civil penalty of not more than $25,000 for
each day of the violation. The civil penalty imposed by this
subsection is in addition to any other penalties pro vided pursuant to
NRS 445A.300 to 445A.730, inclusive [.] , and section 3 of this act.
2. Except as otherwise provided in NRS 445C.010 to
445C.120, inclusive, in addition to the penalty provided in
subsection 1, the Department may recover from the perso n actual
damages to the State resulting from the violation of NRS 445A.300
to 445A.730, inclusive, and section 3 of this act, any regulation or
standard adopted by the Commission, or permit or final order issued
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by the Department, except the violation of a provision concerning a
diffuse source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting and
terminating any adverse effects resulting from a discharge or the
injection of contaminants through a well; and
(b) Compensation for any loss or destruction of wildlife, fish or
aquatic life.
4. In addition to any other remedy provided by this chapter, the
Department may compel compliance with any provision of NRS
445A.300 to 445A.730, inclusive, and section 3 of this act, or of
any pe rmit, regulation, standard or final order adopted or issued
thereto, by injunction or other appropriate remedy. The Department
may institute and maintain in the name of the State of Nevada any
such enforcement proceedings.
Sec. 14. NRS 445A.710 is hereby amended to read as follows:
445A.710 1. Any person who knowingly makes any false
statement, representation, or certification in any application, record,
report, plan or other document filed or required to be maintained by
the provisions of NRS 445A.30 0 to 445A.730, inclusive, and
section 3 of this act, or by any permit, rule, regulation or order
issued pursuant thereto, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required to be
maintained under the pro visions of NRS 445A.300 to 445A.730,
inclusive, and section 3 of this act , or by any permit, rule,
regulation or order issued pursuant thereto, is guilty of a gross
misdemeanor and shall be punished by a fine of not more than
$10,000 or by imprisonment in the county jail for not more than 364
days, or by both fine and imprisonment.
2. The penalty imposed by subsection 1 is in addition to any
other penalties, civil or criminal, provided pursuant to NRS
445A.300 to 445A.730, inclusive [.] , and section 3 of this act.
Sec. 15. NRS 445A.725 is hereby amended to read as follows:
445A.725 Nothing in NRS 445A.300 to 445A.730, inclusive,
and section 3 of this act, shall be construed to amend, modify or
supersede the provisions of title 48 of NRS or any rule, regulation or
order promulgated or issued thereunder by the State Engineer.
Sec. 16. The provisions of section 3 of this act do not apply to
any contract entered into before October 1, 2025.
Sec. 17. (Deleted by amendment.)
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